SHAMSHAD AND ORS Vs. VAKEEL AND ORS

JUDGEMENT

(1.) Both the civil revisions are against the order declining police protection to a person, who has secured a decree for injunction against the defendants. It appears, it is an ex parte decree and an application had been filed to set aside the ex parte decree. The application also appears to have been dismissed and the defendants claim that they have preferred an appeal against the dismissal of the application. I am informed that there is no order suspending the decree for injunction. When the application for police protection was filed by the decree-holder, the Court has rejected the plea on a reasoning that a more appropriate remedy shall be to apply to Court under Order 21 Rule 32 CPC and not for police protection. The counsel for the respondents also supports this reasoning and states that the defendants are actually in possession of the property and the Court has granted a decree by merely taking the plaintiff's statement. I am afraid, I cannot reopen the issue of whether the plaintiff is in possession or not. If there is a decree for injunction and that the decree still is current and there is no order of suspension of the decree in any higher forum, a Court has an inherent power to protect the person, who claims to be in possession and in whose favour there is a decree. An execution of the decree for injunction by attachment or arrest ought to be seen independently as remedies available than the power of the Court to protect the decree-holder through police help. There is much volume of case law on the subject of allowing for police protection to support a decree for injunction or even interim order an injunction in ordinary suit. The Court was literally abdicating its power in not supporting the decree that it has granted and deflecting a party to resort a tenuous execution process as though it was the only remedy available.

(2.) The order passed is erroneous and it is set aside. The civil revisions are allowed. The petitioners are entitled to police protection in the manner sought for and if there is any reversal in the holding and decree is set aside, it shall be open to the respondents to modify or seek for restitution of the situation which they claim.